South Carolina Senate Bill 1185 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on April 28 2010 - 50% progression, died in committee
Action: 2010-04-29 - Referred to Committee on Judiciary HJ-17
Pending: House Judiciary Committee

A BILL TO AMEND TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 8 ENTITLED THE "SOUTH CAROLINA FAMILY LAW MEDIATION ACT", SO AS TO MANDATE MEDIATION IN ALL DOMESTIC RELATIONS ACTIONS IN FAMILY COURT; TO PROVIDE FOR DEFINITIONS OF MEDIATION AND MEDIATOR; TO PROVIDE FOR AUTOMATIC EXCEPTIONS WHERE MEDIATION IS NOT REQUIRED; TO INCLUDE CONTEMPT ACTIONS, CHILD ABUSE AND NEGLECT PROCEEDINGS, DEPARTMENT OF SOCIAL SERVICES ADULT PROTECTIVE SERVICES CASES, CASES WHERE THERE HAS BEEN A FINDING OF ABUSE OR NEGLECT, JUVENILE PROCEEDINGS, UNCONTESTED ISSUES, ACTIONS WHERE PARTIES AGREE TO VOLUNTARY MEDIATION, AND THE ENTRY OF DIVORCE OR SEPARATE MAINTENANCE DECREES; TO PROVIDE CIRCUMSTANCES WHERE MEDIATION MAY BE WAIVED BY THE FAMILY COURT; TO INCLUDE GEOGRAPHIC CONSIDERATIONS, INCAPACITY OF ONE OR MORE PARTIES, INCOMPETENCE OF ONE OR MORE PARTIES, CASES WHERE INVOLVING ABUSE OR NEGLECT OCCURRING MORE THAN ONE YEAR FROM THE HEARING, CASES INVOLVING SUBSTANCE ABUSE BY ONE OR MORE PARTIES; TO PROVIDE THAT MEDIATION MUST OCCUR BETWEEN NINETY AND ONE HUNDRED AND EIGHTY DAYS AFTER THE FILING OF THE ACTION; AND TO PROVIDE THAT NO FINAL HEARING IN A DOMESTIC RELATIONS ACTION SHALL BE SCHEDULED UNTIL MEDIATION IS COMPLETED IN THE MATTER, UNLESS IT IS EXEMPTED OR EXCEPTED FROM MEDIATION.

Mandate Mediation In All Domestic Relations Actions In Family Court; To Provide For Definitions Of Mediation And Mediator; To Provide For Automatic Exceptions Where Mediation Is Not Required; To Include Contempt Actions, Child Abuse And Neglect Proceedings, Department Of Social Services Adult Protective Services Cases, Cases Where There Has Been A Finding Of Abuse Or Neglect, Juvenile Proceedings, Uncontested Issues, Actions Where Parties Agree To Voluntary Mediation, And The Entry Of Divorce Or Separate Maintenance Decrees; To Provide Circumstances Where Mediation May Be Waived By The Family Court; To Include Geographic Considerations, Incapacity Of One Or More Parties, Incompetence Of One Or More Parties, Cases Where Involving Abuse Or Neglect Occurring More Than One Year From The Hearing, Cases Involving Substance Abuse By One Or More Parties; To Provide That Mediation Must Occur Between Ninety And One Hundred And Eighty Days After The Filing Of The Action; And To Provide That No Final Hearing In A Domestic Relations Action Shall Be Scheduled Until Mediation Is Completed In The Matter, Unless It Is Exempted Or Excepted From Mediation.

Sen. George Campsen [R]	Sen. Robert Ford [D]	Sen. Gerald Malloy [D]	Sen. Glenn McConnell [R]
Sen. Clementa Pinckney [D]	Sen. Michael Rose [R]

Date	Chamber	Action
2010-04-29		Referred to Committee on Judiciary HJ-17
2010-04-29		Introduced and read first time HJ-17
2010-04-28		Read third time and sent to House SJ-28
2010-04-23		Scrivener's error corrected
2010-04-22		Read second time SJ-44
2010-04-22		Amended SJ-44
2010-04-14		Committee Amendment Adopted SJ-77
2010-04-01		Scrivener's error corrected
2010-03-31		Committee report: Favorable with amendment Judiciary SJ-10
2010-02-19		Referred to Subcommittee: Campbell (ch), Knotts, Campsen, Lourie, Massey
2010-02-17		Referred to Committee on Judiciary SJ-4
2010-02-17		Introduced and read first time SJ-4

Type	Source
Summary	https://www.scstatehouse.gov/cgi-bin/web_bh10.exe?bill1=1185&session=118